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Minutes 10-27-98 MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETIF HELD iN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FI ON TUESDAY, OCTOBER 27, 1998 AT 7:00 P.M. PRESENT Lee Wische, Chairman James Reed, Vice Chairman J. Stanley Dub6 Pat Fraz~er Mike Fdedland SteYe Myott Maurice Rosenstock William Sherman, Alternate Michael Rumpf, Acting Planning & Z( Director Nicholas Lopane, Acting Assistant Ci Attorney Bulent Kastarlak, Director of Develo ABSENT Frances Cleary, Alternate 1. PLEDGE OF ALLEGIANCE Chairman Wische called the meeting to order at 7:03 p.m. and led the Allegiance to the Flag. 2. INTRODUCTION OF COMMISSIONERS AND BOARD MEMBER~ Chairman Wische introduced the Board Members, Mike Rumpf, Acting Planning and Zoning, Acting Assistant City Attorney Nicholas Lopane and the Secretary. 3. AGENDA APPROVAL Chairman Wische asked for a motion to approve the Agenda. Motion Mr. Dub6 moved to approve the agenda. Mr. Fdedland seconded the motk unanimously carried. ORIDA, ling ent Iledge of Director of Recording '~. Motion MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1998 4. APPROVAL OF MINUTES Motion Mr. Dub6 moved to approve the minutes of the October 13, 1998 meetin( seconded by Vice Chairman Reed. Motion unanimously carried. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Mr. Rumpf updated members on the following Commission actio~ The ABC Fine Wine and Spirits three variances were which were the driveways, the distance to intersection., parking lot variance. 2. The Robert Bordelon side setback variance was approved St. Joseph's Episcopal Church received conditional use al add the youth center. Mr. Rumpf handed out to the members for their review a Quarte~ for Site Plan Waivers and Minor Site Plan Modifications. Chairman Wische asked if there were any questions regarding the handout. suggested that it be added as an item on the agenda for the next meeting give members an opportunity to review the report. Vice Chairman Reed n there was a great deal of signs included in the report. Chairman Wische si would be addressed at the end of the meeting and that Mr. Kastarlak, the D Development will be addressing the sign issue. 6, OLD BUSIN ESS None 7. NEW BUSINESS A. PUBLIC HEARING 2 Motion S: pproved, and the )roval to Repo~ 4r. Dub6 order to ~ted that tted this 'ector of MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1918 Maior Site Plan Modification 1. PROJECT: AGENT: LOCATION: DESCRIPTION: Ridgeway Plumbing Robert Fetrow, P.E. 640 East Industrial Avenue Request for major site plan me approval to construct an 18,475 s~ addition Chairman Wische requested the Recording Secretary to administer the persons who would testify this evening. Iification Jare foot ~th to all Robert Fetrow, Gator Engineering Services, Inc. 7289 Garden Road Suite ' Palm Beach, Forida took the pod urn. Chairman Wische informed Mr. Fet were 22 staff comments. Mr. Fetrow stated he agreed with all staff commen is one issue that has ansan since the last TRC meeting, which was discusse~ Rumpf prior to the meeting. Chairman Wische inquired as to what Mr. FE referring and Mr. Fetrow stated it was with regard to the access easement or side, which is comment 2'1. Mr. Rumpf stated that the property is at the tail end of an access easen nt. The property to the north is built out and does not have access to this side. M~'. Fetrow indicated he was willing to provide a turn out, but Mr Rumpf stated that ~ turn out wasn't necessa~. Mr. Rumpf recommended that it be reworded "to provide Iurn out to property to West or provide letter from adjoining property re inquishi~ future use of the access easement" Chairman Wisch~ asked Mr. Fetmw if this was agreeable and Mr. Fetrew ~ted he would probably p~'ovide a 24' wide turn out. Chairman Wische asked the Board members for comments. Mr. Dub6 inquir where the air conditioning units would be placed. Mr. Farrow stated the air conditior ng units would sit outside lhe office on the west end side of the building. Mr. Dub6 inqui ed if the two slabs were i~tended for the air conditioning units and was informed they w ;re. Mr. Dub~ stated it should be indicated on the plan that the slabs are intended fc the air conditioning unitsl Secondly, Mr. Dumb asked about the drainage on the loading dock. Mr. Fetrv stated that a sump pum[p with a one and one-half inch line would run into one of e catch basins. 3 34, West Fow there is. There with Mr. row was the west MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 19 8 Thirdly, Mr. Dub6 asked about the signage. Mr. Rumpf stated there are no additional signs being added. Mr. Fetrow stated the s~gn on the property would remain and Mr. Fetrow presented a picture of the existing signage. (Mr. Wische stated for the record tha! Mr. Rosenstock and William Shel nan have arrived and are present). Mr. Rosenstock stated for the record that he was late due to the fact that he /as under subpoena by the State Attorney and the attorney representing a defend ~t in the prosecution of an individual by Palm Beach County and that Mr. Rosenstock has been deposed since 1:00 p.m. Mr. Rosenstock attempted to contact Chairman ~ sche, but was unsuccessful. Mr. Rumpf suggested that both items be reviewed and that the vote on the I; dscaping appeal should be first, since the project is conditional upon approval of the I; dscaping appeal. . Lands~ 2. PROJECT: Ridgeway Plumbing AGENT: Robert Fetrow, P.E. LOCATION: 640 East Industrial Avenue DESCRIPTION: Request for appeal from Chapter II, Landscape Code, Section 5(E placing a perimeter landscape buf the east side of the property w vehicle use area abuts railroad righ Mr. Wische requested that Mr. Fetrow remain at the podium. Chairman Wische asked if there were any staff comments and Mr. Rumpf pc the area on the plan to the Board. which is the eastern boundary of the proj( mmediately adjacent to the railroad tracks. Mr. Rumpf stated that this sectior feet above the property and this is the area addressed by the landsca regarding buffer requirements. Chairman Wische asked if there were any questions. There were none Chairman Wische stated this was a public headng and asked if anyone address the Board. There were none. Chairman Wische closed the public hea 4 Article io avoid ~r along ~ere the -of-way nted out ;t and is is 4 to 6 )g code shed to ng. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1998 Motion Mr. Dub6 moved to approve the Request for major site plan modification to 18,475 square foot addition for Ridgeway Plumbing located at 640 Eas Avenue, subject to all staff comments with the addition that the applicant indi prints the placement of the air condition ~ng units and also indicate the drain loading dock on how the water is to be disposed of. Mr. Friedland seconded [he motion. Ms. Fraz~er stated that the modification to comment 21 needs to be inclu~ motion. Mr. Dub6 moved to amend his motion by including the following language provide turn out to west from access easement or letter from adjoinin~ owner relinquishing future use of the access easement". (Mr. Fetrow as turn out should be one or two lanes and Mr. Rumpf stated two way wo feet.) Mr. Friedland amended his second of the motion. Motion carried 7-0. With regard to the Landscape Appeal, Chairman Wische indicated this wa~ hearing and asked if anyone in the audience wished to address the Board. none and Chairman Wische closed the public hearing. Chairman Wische asked for a motion on the Landscape Appeal. Motion Mr. Dub6 moved to approve the request for appeal from Chapter 7.5, Landscape Code, Section 5(E) to avoid placing a perimeter landscape buffer east side of the property where the vehicle use area abuts railroad right-¢ Ridgeway Plumbing located at 640 East Industrial Avenue, subject to comments. Motion seconded by Mr. Fdedland. Motion carried 7-0. 5 ~struct an Industrial ~te on the ~le for the ed in the ,'and to property ed if the rid be 21 a public ere were ~rticle II, dong the :way for all staff MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1998 8. OTHER Chairman Wische stated that this Board requested that certain items be ch Mr. Rumpf referred members to the hand out entitled Site Plan Review Criteri A. Discussion of criteria for site plan waivers Members will bring this item home to review. Vice Chairman Reed referred to the item previously passed by this Board witl the side yard set back of a single-family house. Vice Chairman Reed fe criteria for site plan waivers which if not granted would make the property unu not met in this particular request and he could not vote for the side yard set those circumstances. Mr. Myott also felt that if it became known that this particular variance approved, there would be a deluge of requests for variances throughout the Myott also stated he felt the petitioner did not meet the criteria and that it precedent. Mr. Rosenstock asked what the City set back requirements are. Mr. Rump' varies by zoning district. Mr. Rosenstock requested a copy of the zoning side requirements and Mr. Rumpf will furnish this to Mr. Rosenstock. Mr. Dub6 r property owners plant trees and place enclosures on their properties, which emergency access onto the property. Mr. Rosenstock stated he has seen t situation in other areas in the County and other municipalities and this is an should be looked at. rifled and 'egard to that the able was tck under ad been .~ity. Mr. et a bad stated it set back )ted that )revents ~!s same ~rea that regard a sign ntifiable J to the todayls Mr. Kastarlak took the podium and requested to address the Board with rega~ set back question. Mr. Kastadak stated that because of changing life styles, stated that the problems are obvious and that the regulations are too lenient wi1 to size. The City's Community Sign Plan allows staff to comment to try achiev that would be more attractive and consistent with the building. In terms of qu; regulations, the problems are basically with size, appearance, and bulk. B. Update on Progress of Reviewing/Improving Sign Regulations Mr. Rumpf stated that he had been requested to provide an update on signs at each meeting. Mr. Rumpf stated that Mr. Kastarlak wil be addressing this item andI that Mr. Kastar ak has beer~ speaking with a private company that deals in this area. Mr Rumpf said that he has been looking at sign regulations in other communities. M, Rumpf MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 19~8 ! houses are much larger than 30 years ago and the need now exists for I~arger lots, which should be looked at for new developments to allow for larger setbacks. With regard to the signage, Mr. I~astarlak stated progress is being made an( everyone is aware of the problems with the sign situation. Mr. Kastarlak proposed th ~t when a sign s presented to this Board for approval, that is the time the Bo~ recommend various changes to the sign. A newer method would be to have signs that have been pre-designed and pre-approved. The applicant, from these signs the one they want with their own variations for color; let1 This would offer variety to the applicant, but the dimensions, size and shape v been predetermined. Mr. Kastadak stated that a company has been located provide this service to the City and staff has been speaking with the compan a very good product. Mr. Kastadak stated that this is the direction that the ( going with its signs. Mr. Kastarlak listed the various services that the sigr would provide in fumishing s~gns. Mr. Kastarlak presented to the Board a prototype of signs, which this comp; that could be adopted by the City. Mr. Kastarlak suggested that a sign developed with this company and it could be tested out with applicants. ~s successful it could become an ordinance. 'd should )rototype ,ould pick ;nng, etc. ould have :hat could ~hich has ;ity will be company ny offers, )gram be If th~ program Vice Chairman Reed stated that after the problems with the Auto Care Center, he revisited this area of the City and looked at the various signage that a large majority of signs on Congress and Woolbright are actually monurr Mr. Kastadak stated that staff wilJ be photographing signs throughout the Ci' be making a future presentation on currently existing signs throughout the City Vice Chairman Reed also stated that the zoning code shou Id be re-examined code deals either with the maximum or the minimum, but does not deal wi optimum. Also Vice Chairman Reed stated that there is the maintenance pre signage that also needs to be looked at. Mr. Rosenstock inquired if the Department of Development has hired pets( design capabilities and whether this person would be designing s~gns. Mr. R, stated he did not see why a 20' sign would be necessary at any time and sees all for a pole s~gn in the City. Mr. Rosenstock stated that the size of the si, have nothing to do with the size of the lot or the height of the building and is having a uniform s~gn program. Mr. Friedland complimented Mr. Kastarlak for undertaking this new direction to signage. Mr. Kastarlak answered Mr. Rosenstock's inquiry regarding new 7 Shopping tnd noted .~nt signs. and will ;ince the what ~s blem with lnel with senstock lo use at n should favor of regard ;rsonnel, MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1918 and informed the Board that a new person has been hired and is very busy ~vorking on projects. / Mr. Rosenstock inquired whether a moratorium on new signs could be declared in the City until the new program is instituted. Mr. Kastarlak stated that a mo~ ~todum is possible, but there are drawbacks with regard to new companies that war doing business and cannot wait until there is a new sign program. There is of approving temporary signs. The best solution would be coming up with program as soon as possible. Mr. Rumpf stated that he has also had good success dealing with sign proje, be presented to the Board in the near future. Mr. Rumpf stated he m applicants are aware that signage receives a great deal of attention a monument sign would be to the applicant's benefit. Mr. Rosenstock also sug~,ested that every store in the City should have ~ places its numerical address at the top of the s~gn. This would assist in twin businesses that are recessed. Mr. Rosenstock felt that it was a code requirer fire department that numerical addresses be placed on all buildings. C. Discussion of Sign Change at Sunshine Square Shopping Mr. Rumpf stated that he reseamhed this issue and asked Mr. Friedland if his were regarding the sign on Woolbright Road, which Mr. Friedland stated it Rumpf said that he copied the Planning Department's comments regarding the response. Mr. Rumpf stated that certain code requirements were Rumpf stated that the new sign on Federal Highway is in compliance with The existing sign on Woolbright is probably not legally conforming and is too Rumpf stated that a permit was issued July 31, 1997 and assumes that it wa shortly after that date. Mr. Rumpf stated that a sign must meet three criteria: back and area. Mr. Rumpf felt that the sign met the set back and probabl requirement, but the height of the sign did not comply. There was discussion that the size of the sign should not be determined up( of the frontage. Mr. Friedland thanked Mr. Rumpf for addressing his concerns. D. Discussion of Changes to Knuth Road PCD Gas Station Mr. Rumpf stated he traced the steps from [he original master plan through t stage. Mr. Rumpf stated that all changes were reviewed. Mr. Rumpf inqui Dub6's concerns were on orientation. Mr. Dub6 stated that the footprints wer, 8 to begin ~ossibility ermanent s that will ~kes sure ~d that a sign that to locate ~nt of the nter concerns as. Mr. i sign and iked. Mr. ihe code. 3igh. Mr. S erected eight, set !the area the size e permit ,~d if Mr. different MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1998 than what was originally approved. Mr. Dub~ thought that originally there were strip stores on the site. Mr. Rumpf referred members to the first page of their handouts, which showed the final product of the permit stage. This verifies the eastward orientation of the building to the pumps, which is identical to the site plan that was approved by this Board and the City Commiss~on. Mr. Rumpf stated the'e was no change in the plan between site plan and permit. Mr. Dub~ stated that origi was a square gasoline station with the pumps out front. The Board reviewe¢ in their handout to determine the discrepancies. Mr. Rumpf presented the sit, was distributed to the Board. After comparison of the plans, it was noted that different. Mr. Rumpf stated that this Board did approve the site plan with the Mr. Rosenstock stated that the Chairman of the Board should be able to plans to avoid these problems in the future. Mr. Rumpf stated what is being to this Board was taken directly from the file, Mr. Rosenstock stated this is r time [hat these questions have arisen as to what was on the plans when pr the Planning Board, Mr. Rosenstock stated it was the previous practice of th sign off and date the plans. tally there the plans ; plan that ~they were hanges. ign off on submitted ~t the first sented to Board to Discussion ensued regarding the Chairman of this Board signing off on Kastadak stated that anyone who examines the plans must be licensed assume technical responsibility. Mr. Kastarlak stated that if any member of initialed the plans, they might be technically liable for any change. Mr. Rose not feel a license was necessary for the Chairman to sign off and date plan submitted to the Board for approval. Mr. Dub~ asked the Attorney for his opinion on sigmng off on the plans. The stated he would have to look at the law and did not want to g~ve an opink looking at the Code, as well as current case law and Attorney General opm Dub6 asked the Attorney if other planning and development boards sign off and was informed they do not. Mr. Kastarlak suggested that a letter be attached to each document that ~ns. Mr. ~nd must ne Board ~stock did that are Attorney without ,ons Mr. on plans is Board approves. Mr. Dub6 again stressed that the difference between m~nor ~d major changes needs to be determined. Mr Dub6 stated that major changes are supposed to be brought back to this Board Mr. Kastarlak stated that a ot of changes are'Ir~evitable and thai the finished building will probably not be the same, because there u~,ually are necessities that require changes to the original plans. Attorney Lopane will check to determine if there is a prohibition against cei professionals signing plans that are submitted to the Department responsib plans. Mr. Kastarlak stated he is Director of Development and does not sign th 9 aln non- for the plans. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1998 Chairman Wische stated that the Board should wait until the Attorney makes a determination. Also the Attorney will check as to what wording, if any, could be placed on the plans. 9. Comments by Members Mr. Myott brought to the attention of [he Board that changes in the colors o and exterior renovations should be brought before this Board and asked if an would be necessary. Mr. Myott mentioned the Meadows Square Shopping the Galaxy School that h~ve been repainted. Mr. Myott stated this Bo¢ approve buildings of this size for color changes. Ms. Frazier stated that tJ Department is separate from the City and does not need approval from the Cit Mr. Dub6 stated that any sign that has to come back for approval must corr this Board. Mr. Rosenstock stated that this Board is the City s Sign Appeara and any sign that comes before the City must come before this Board for appr~ buildings )rdinance ~nter and d should e School back to ;e Board val. Mr. Myott would like to know what changes must take place in order for rr ajor color changes to be brought before this Board for approval. Mr. Rumpf stated lhatt~e criteria under Item A (Criteria for site plan waiver) addresses this ssue. What is wai~ed would go through the permit process for review for conformance with all regulations, j Chairman Wische inquired when a building has a new owner, can that newjowner put up a s~gn without coming before this Board for approval. Mr. Rumpf stated th~ the s~gn face could be easily changed without altering the sign. Mr. Kastadak,quest oned the reasoning of every time a sign changes to a different name, it be brought afore this Board. Mr. Dub6 stated that this Board has much more responsibility than other Plat Development Boards because this Board is the consolidation of several othe Attorney PaWelcZyk had prepared a list of what th s Board revieWs and this ne~ looked at again. Mr. Rumpf located the list that sets forth the authority granted by the City Co to this Board and read the list to the Board. (A copy of the list of au~ attached to the minutes.) After Mr. Rumpf recited the areas this Board rev RoSenstock stated that these issues are not being brought before the Board. 10 wing and 'boards. ~ds to be lmission ~ority is .~ws, Mr. MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA OCTOBER 27, 1998 10. Adjournment There being no further business, Chairman Wische asked for a motion to adjo Motion Mr. Rosenstock made a motion that the meeting adjourn. Motion second Myott. Meeting adjourned at 8:45 p.m. Respectfully submitted, Barbara M. Madden Recording Secretary (2 tapes) 11 irrl. ~d by Mr. 5 Coun~ for one (1) year shall be deemed final by writ of certiorari m the Palm Court. De~al Upon the denial of an in whole or in elapse prior to apphcafion, i months must thereof, unless l prejudice; and provided shall be increased to been twice or more denied without prejudice by right; writing and least one scheduled application; may board. When an provided l the of (6) r waiting,period in withdrawn as a matter of ism on a form ~ the beard at 4.2. Additional authority, functions, powers, and duti~, as assign~ by the City CommigslOl~ / The Planning and Develo.pm¢l.m Board shall have such additional authority, fimcfions, powers and duties, as assigned to the board by ordinance. (Ord. No. 97-15, § 1, 5-20-97) Sec. 4.3 Authority Granted by Commission. All must beI A. Thefollowingapplicafic shall pre'hminarity be reviewedt Development Board prior to a Commission: 2. 3. 4. 5. board the 6. all such for 7. without 8. for ~ 9. l~ast fifteen (Ord. No. ~. § 1, 5-20-97) 1998 S-7 Annexation. Code review. Comprehensive pla Consistency reviev Development of re amendment. Height exception. Land use plan amc Rezoning. he C ty ts/types of requests t the Planning and roval by the City text amendment. onal impact dment/rezoning. Plan appeal. 1. Abandonment. 2. Administrative apt 3. Comm, mlty Desig: 4. Concurrency app; B. The following applicati~ that are processed and reviewed Zoning Department shallbe appr~ and development board: ~s/types of requests the Planning and ~ed by the planning Telecommunicatio~ wwers (waiver or of separation requiren ,.ms and/or special exception regarding application r~Jeedon). 10. Conditional Use Approval. 6 Boynton Beach Code 5. Concurrency time extension. 6. Landscape appeal. 7. Master plan modification. 8. Master plan time extension. 9. Major site plan modification. 10. New site plan. 11. Parking lot variance. 12. Sign code variance. 13. Site Plan time extension. 14. Subdivision- master plan. 15. Use approval. 16. Zoning code appeal. 17. Zoning code variance. 18. Conditional use approval time ~l~~~lll~~of the Planning and Dev~nt Board shall be considered a final action of the City until ratified by the City Commission. The procedure for ratification shall be as follows: 1. All matters which have been reviewed and acted on by the Plannlrlg and Development Board shall be reduced to writing as a proposed Develop- ment Order. The form of the proposed Development Order shall be approved by the City Attorney. 2. All proposed Development Orders shall be submitted to the City Commission on the consent agenda at the next regular CLty Commission meeting following action by the Planning and Development Board. 3. Prior to approval of the Commission consent agenda, a member of the Commission may request the removal of any proposed Development Order from the consem agenda for further discussion, consideration, or public hearing prior to ratification. 1998 S-7 proposed Development Order which h~ from the consem agenda to a future ~ insure that proper notice and opportun is provided to the applicant, the public interested parties. The City Commission may table a been removed teeting date to try to be heard and any other 5. Following ratification Development Order by the City Clerk shall date and sign the Developn issue it as a final order. (Ord. No. 97-22, § 1, 6-17-97; On §§ 1, 2, 8-19-97) ~ a proposed sion, the City tent Order and No. 974t, 5. Commission plannin~ agency. planning agency m act of the city and provisiom local it Comprehensive Planning ! the' general for the of a com- preparation, supervision t amendment t of the sald act. All decisions of board shall be unless otherwise ordinance. Disposition made through the shall not be deemed Commission, unies~ by by the filing of a ] Palm Beach and in; the time nde and such shall commence t, date of the development or by the City ~ be reviewed and for e with by court be a the Plarmi'ng